Courts Shouldn't Stay Termination & Dismissal Orders During The Pendency Of Court Proceedings: Allahabad High Court

Referring to several landmark rulings, the Allahabad High Court has observed that by way of an interim order the order of suspension termination, dismissal and transfer etc. should not be stayed during the pendency of the proceedings in Court.

The Bench of Justice Pritinker Diwaker and Justice Ashutosh Srivastava was essentially dealing with an Intra Court Appeal filed questioning the interlocutory order passed in March 2022 wherein the termination order against an employee of Abss Institute Of Technology was stayed during the pendency of the writ plea filed by the employee challenging the termination order.

In essence, the writ petition was kept pending by the HC inviting counter and rejoinder affidavits in connection with the the termination order of April 2021 passed by the Vice Chairman Abss Institute Of Technology (appellant in the case).

The Single Judge had, meanwhile, stayed the termination order with a further direction permitting the petitioner/respondent to perform his duties and paid salary. Challenging that very order, the Vice Chairman Abss Institute Of Technology had moved to the High Court with the instant appeal.

Observing that an interim order ought not to be passed by a Court which is in the nature of a final relief itself, the Court, finding illegality with the single judge order, observed thus:

"if such an order is passed virtually nothing will remain to be adjudicated at the final hearing stage. In the case at hand the learned Single Judge by staying the termination order and directing for payment of salary to the writ petitioner/respondent has virtually granted the reliefs prayed for in the writ petition which could not have been done at the initial stage. We also find that the termination order is dated 6.4.2021. The writ petition was filed on 20.12.2021 and the interim order staying the termination order was passed on 23.3.2022."

Further, referring to Allahabad HC and Apex Court rulings, the Court stressed that by way of an interim order the order of suspension termination, dismissal and transfer etc. should not be stayed during the pendency of the proceedings in Court.

In view of this, the Court set aside the impugned order of the Single Judge to the extent it stayed that the termination order dated April 6, 2021 and permitted the writ petitioner to perform his duty as he was discharging earlier and was given the liberty to be be paid his salary subject to final outcome of the writ plea.

The appellant was represented by Senior Advocate Mr Anoop Trivedi assisted by Advocates Abhinav Gaur and Vibhu Rai.

Case title - Vice Chairman Abss Institute Of Technology v. State Of U.P. And 4 Others [SPECIAL APPEAL No. - 306 of 2022]

Citation: 2022 LiveLaw (AB) 318

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